Authority:

Ontario Municipal Board Orders issued April 17, 2014 and July 8, 2014, in Board
File No. PL130522
CITY OF TORONTO
BY-LAW No. 836-2015(OMB)

To amend the former City of Etobicoke Zoning Code with respect to the lands municipally
known as 2183 Lake Shore Boulevard West.
Whereas the owner of the lands known municipally in the year 2014 as 2183 Lake Shore
Boulevard West appealed a proposed zoning by-law amendment to the Ontario Municipal Board;
and
Whereas the Ontario Municipal Board, by its Orders issued April 17, 2014 and July 8, 2014 in
Board File No. PL130522, approved amendments to the former City of Etobicoke Zoning Code
with respect to those lands;
Pursuant to the Orders of the Ontario Municipal Board, the Zoning Code of the former City of
Etobicoke is amended as follows:
1.

That By-law Nos. 8498, 1990-178 and 1990-252 of the former City of Etobicoke are
hereby repealed.

2.

That the zoning map referred to in Section 320-5 of the Etobicoke Zoning Code is hereby
amended by re-affirming the classification of lands located on Schedule "A" attached
hereto as Limited Commercial (CL) to Limited Commercial (CL) and Residential
Residential Fourth Density (R4) to Residential Fourth Density (R4) subject to the
provisions of this By-law on the lands identified on Schedule "A" attached hereto.

3.

Notwithstanding Sections 320-18.B, 320-18.C, 320-18.D, 320-19, 320-23, 320-79,

320.80, 320-82 and 320-93 of the Etobicoke Zoning Code, the following provisions shall
apply to the lands zoned CL and R4 on Schedule "A" and "B" attached hereto.

4.

Except as otherwise provided herein, the provisions of the Zoning Code of the former
City of Etobicoke, as amended, shall continue to apply to the site.

5.

Definitions
The provisions of Section 304-3 Definitions of the Etobicoke Zoning Code, as amended,
shall apply unless inconsistent with the provisions of this By-law or otherwise expressly
defined herein. For the purpose of this By-law the following definitions will apply:
"Building Envelope" means the building area permitted within the setbacks established
in this By-law and shown on Schedule "B".
"Grade" as defined by By-law No. 1994-197, as amended, Section 11(h), shall be the
geodetic elevation of 82.05 metres above sea level at Lake Shore Boulevard West and
78.65 metres above sea level at Marine Parade Drive.
"Height" means, with respect to a building erected on the Lands, the vertical distance
between the Grade of the Lands as defined by this By-law and the highest point of the

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City of Toronto By-law No. 836-2015(OMB)
roof surface of the building, but excludes a mechanical penthouse and elevator machine
room to a maximum height of 17 metres.
"Lands" shall mean the lands outlined by heavy lines on the attached Schedule "A".
"Lake Shore Boulevard West Widening" shall mean part of the Lands to be conveyed to
the City of Toronto to widen Lake Shore Boulevard West as shown on Schedule "A" and
"B" attached to this By-law.
"Loading Space Type B" means a loading space with a minimum length of
11.0 metres, a minimum width of 3.5 metres and a vertical clearance of 4.0 metres.
"Loading Space Type C" means a loading space with a minimum length of
6.0 metres, a minimum width of 3.5 metres and a vertical clearance of 4.0 metres.
"Loading Space Type G" means a loading space with a minimum length of
13.0 metres, a minimum width of 4.0 metres and a vertical clearance of 6.1 metres.
"Mechanical Floor Area" means a room or enclosed area, including its enclosing walls
within a building or structure above or below Grade that is used exclusively for the
accommodation of heating, cooling, ventilation, electrical, mechanical (other than
escalators), elevator shafts and/or telecommunications equipment that serves a building
on the Lands.
"Lot" means the Lands.
"Minor Projections" means the minor structural or building elements which may project
beyond the Building Envelope into required setbacks and above permitted Height as
defined by this By-law, including roof eaves, window sills, downspouts, balustrades,
railings, cornices, guard rails, canopies, balconies, terraces, lighting rods, mechanical
equipment such as vents and air conditioning and heating units, exterior stairs and
covered ramps, parapets, landscape and outdoor recreational amenity elements, wind
mitigation features, decorative elements, elements of a green roof, to a maximum
projection of 2.5 metres.
"Owner" means the owner of the Lands as defined by this By-law.
"Residential Amenity Area" means a common area or areas within the Lands which are
provided for the exclusive use of residents of a building for recreation or social purposes.
"Street D" means part of the Lands for a future public road, 16.5 metres in width, to be
conveyed to the City of Toronto as shown on Schedules "A" and "B" hereto.
6.

By-law No. 1994-197

That By-law No. 1994-197, as amended, be further amended by adjusting the boundary
of the lands zoned Limited Commercial CL as shown on Schedule "A" of that By-law,
deleting reference to Parcel 1 on Schedule "B" and the Commercial Development Site
Area in Schedule "C" all in order to permit the uses, maximum gross floor area, height

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City of Toronto By-law No. 836-2015(OMB)
and building envelopes set out in this By-law and shown on Schedule "A" and "B"
attached hereto.
7.

Height
Notwithstanding By-law No. 1994-197, Schedule "D", as amended, and Section 320-68
of the Zoning Code:

8.

9.

(a)

The Height of Tower "A", as measured from the established Grade of Lake Shore
Boulevard (82.05 metres), shall not exceed the height shown on Schedule "B".

(b)

The Height of Tower "B", as measured from the established Grade of Marine
Parade Drive (78.65 metres), shall not exceed the height shown on Schedule "B".

(c)

The Height of other buildings within the Building Envelopes permitted on the
Lands shall be as shown on Schedule "B".

Permitted Uses
(a)

On Lands zoned Limited Commercial (CL), all the uses permitted by Section 7 of
By-law No. 1994-197, as amended, are permitted.

(b)

On Lands zoned Residential Fourth Density (R4), all of the uses permitted by
Section 5 of By-law No. 1994-197, as amended, are permitted.

(c)

In addition to the uses permitted by 8(a) and 8(b) above, the following additional
uses are permitted: pedestrian walkways, fencing, underground parking garages,
bicycle parking spaces at and below grade, Residential Amenity Area, temporary
sales office, and uses permitted in the Private Open Space Zone Section 320-29.

Gross Floor Area

Notwithstanding Subsections 3 and 11 of By-law No. 1994-197, as amended, and
Sections 304-3 of the Zoning Code, the following provisions shall more specifically
apply to the Lands subject to this By-law and the Building Envelopes thereon:
(a)

The maximum total gross floor area permitted on the Lands shall be
88,300 square metres.

(b)

The maximum total residential gross floor area permitted on the Lands shall be
85,700 square metres.

(c)

The maximum total commercial gross floor area permitted on the Lands shall be
2,700 square metres.

(d)

No residential gross floor area, excluding Residential Amenity Area, shall be

located on the Lands zoned Limited Commercial CL on Schedule "A-1".

(e)

For the purpose of calculating the gross floor area permitted on the Lands, in
addition to the floor areas excluded in Subsection 11(b) of By-law No. 1994-197

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City of Toronto By-law No. 836-2015(OMB)
and Section 304-3 of the Zoning Code, the following areas may also be excluded:
Residential Amenity Area; Mechanical Floor Area; storage rooms above or below
Grade for bicycle parking, loading, waste handling, and lockers; vehicular parking
below Grade; and, ground floor retail/commercial service areas developed in
combination with any other permitted use having an equal or larger floor area in
the same building.
10.

Residential Units
Notwithstanding Subsection 11(a) of By-law No. 1994-197 and Section 320-39 of the
Zoning Code:

11.

12.

(a)

the maximum number of dwelling units permitted on the Lands shall be 1,285
excluding guest suites; and

(b)

no residential dwelling units shall be permitted on that part of the Lands zoned CL
on Schedule "A".

Road Dedication
(a)

The Owner shall convey Street D to the City of Toronto and the Lake Shore
Boulevard West Widening as shown on Schedules "A" and "B".

(b)

Notwithstanding 9(a), an underground parking garage and related servicing and

stormwater management facilities shall be permitted to encroach on a stratified
basis below the boulevard portion Street D conveyance but not under the travelled
roadway.

(c)

The underground parking garage shall not be permitted to encroach beneath the
Lake Shore Boulevard West Widening.

Parking and Loading Requirements

Notwithstanding By-law No. 1994-197, as amended, and Sections 320-18, 320-19 and
320-23 of the Zoning Code, or any other provision of the Zoning Code related to parking
or loading which may be inconsistent with the following provisions, the following
requirements shall apply to the Lands:
(a)

The minimum parking to be provided residential dwelling units is:

Bachelor 0.7 spaces/unit
1 Bedroom 0.8 spaces/unit
2 Bedroom 0.9 spaces/unit
3 Bedroom 1.1 spaces/unit

(b)

The minimum parking to be provided for visitors to the residential dwelling units
is 0.15 spaces/unit.

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City of Toronto By-law No. 836-2015(OMB)

13.

(c)

The minimum parking to be provided for commercial uses is 1 space per

100 square metres of commercial gross floor area.

(d)

A minimum of one parking stall for every 100 parking stalls, or part thereof, is
required exclusively for use by the physically disabled.

(e)

Visitor and commercial parking may be shared on a non-exclusive basis in the

underground parking garage.

(f)

Residential parking shall be provided on an exclusive basis within the

underground parking garage.

(g)

A minimum of 1 Loading Space-Type G, 2 Loading Space-Type B and 1 Loading

Space Type C shall be provided on the Lands.

(h)

The required loading spaces provided may be shared between the residential and
commercial uses permitted on the Lands and may be provided in a common
loading facility internal to the Building Envelopes shown on Schedule "A-2". A
connection through the underground parking garage for the transfer of goods and
solid waste handling shall be maintained between the mixed-use buildings on the
lands.

Building Setbacks
Notwithstanding Section 11(k) of By-law No. 1994-197, as amended, and Section 320-39
to 320-42 of the Zoning Code, all building and structures shall be within the Building
Envelopes shown on Schedule "A-2", with the exception of Minor Projections and other
below grade projections permitted by this By-law.

14.

Where the provisions of this By-law conflict with the provisions of By-law No. 1994-97,
as amended, or the Zoning Code, the provisions of this By-law shall apply.

15.

Section 37
Pursuant to Section 37 of the Planning Act, the heights and density of development
permitted by this By-law on the lands shown on Schedule "A" (being the "Site") are
permitted subject to compliance with the conditions set out in this By-law and in return
for the provision by the owner of the Site of the facilities, services and matters set out in
this Section, the provisions of which shall be secured by an agreement or agreements
pursuant to Section 37(3) of the Planning Act and in a form satisfactory to the City, with
conditions providing for indexed escalation of financial contributions where applicable,
no credit for development charges, indemnity, insurance, GST/HST, termination and
unwinding, and registration and priority of agreement. Upon execution and registration of
an agreement or agreements with the owner of the Site, pursuant to Section 37 of the
Planning Act, securing the provision of the facilities, services and matters set out herein,
the Site is subject to the provisions of this By-law, provided that in the event the said
agreement(s) requires the provision of a facility, service and/or matters as a precondition
to the issuance of a building permit, the owner may not erect or use such building until
the owner has satisfied said requirements. The owner of the Site, at the owner's expense

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City of Toronto By-law No. 836-2015(OMB)
and in accordance with, and subject to the agreement(s) referred to above, shall provide
or fund the following facilities, services and/or matters on terms satisfactory to the City
of Toronto, in order to permit the increase in gross floor area and height authorized by
this By-law:
(a)

The Owner will provide a cash contribution of $1,327,500, prior to the issuance of
an above-grade Building Permit, as a contribution to be used for capital
improvement projects in Ward 6 at the direction of the ward Councillor in
consultation with City Legal and the Chief Planner and Executive Director, City
Planning;

(b)

Require that the cash amounts identified in A above shall be indexed annually in
accordance with the Non-Residential Construction Price Index for the Toronto
CMA, reported quarterly by Statistics Canada in Construction Price Statistics
Publication 62-007-XPB, or its successor, calculated from the date of execution of
the Section 37 Agreement to the date of submission of the funds by the Owner to
the City;

As a legal convenience, the following matters shall be secured in the Section 37

Agreement:

16.

(c)

The Owner will provide 42 parking spaces as publicly accessible in the parking
garage;

(d)

The Owner will provide public access easements over the at-grade walkways and
landscaped courtyard on site; and

(e)

The Owner shall construct and maintain the development substantially in

accordance with the Tier 1 performance measures of the Toronto Green Standard,
as adopted by Toronto City Council at its meeting held on October 26 and 27,
2009 through adoption of item PG32.3 of the Planning and Growth Management
Committee.

Despite any existing or future severance, partition, or division of the Lands, the
provisions of this By-law shall apply to the whole of the Lands as if no severance,
partition or division occurred.

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City of Toronto By-law No. 836-2015(OMB)
17.

Chapter 324, Site Specifics, of the Zoning Code is hereby amended to included reference
to this By-law by adding the following to Section 324.1, Table of Site Specific By-laws:

BY-LAW NUMBER

DESCRIPTION OF
PROPERTY

PURPOSE OF BY-LAW

836-2015(OMB)

Lands located on the east side of

Lake Shore Boulevard West and
the west side of Marine Parade
Drive municipally known as
2183 Lake Shore Boulevard West

To amend the existing

Limited Commercial (CL)
and Fourth Density
Residential (R4) zoning with
site-specific provisions to
allow for a mixed-use
development

PURSUANT TO THE DECISIONS/ORDERS OF THE ONTARIO MUNICIPAL BOARD

ISSUED APRIL 17, 2014 AND JULY 8, 2014 IN BOARD FILE NO. PL130522.

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City of Toronto By-law No. 836-2015(OMB)
Schedule "A"

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City of Toronto By-law No. 836-2015(OMB)
Schedule "B"